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The Supreme Court has denied leave to appeal the Court of Appeal judgment in Gatfield v Hinton, that upheld a High Court decision ordering tethered mediation and arbitration. For background see May and New is not a reason not to. As noted by the Supreme Court at [9]: References
The Supreme Court has granted leave to appeal the Court of Appeal decision in RH & JY Trust v WorkSafe New Zealand. The approved question is “…whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of s 16 of the Health and Safety at Work Act 2015? … Continue reading
Tension between trustees and beneficiaries is a common feature of trusts. However, when this tension compromises the administration of a trust, trustee appointments may warrant review. In Smith v Campbell the UK High Court considers an application for removal of trustees in the context of a dynastic trust where there had been a breakdown of … Continue reading
In Estate of Twaites one of the will-maker’s son seeks a remedy under the Family Protection Act 1955 for a breach of the moral duty owed by his father to him. The Court was satisfied that there was a breach. However, before this could be quantified by way of an award in the son’s favour … Continue reading
McKean v McKean Family Trustee Limited (Costs) is a costs decision following substantive findings. The key points of the judgment can be summarised as: For further background see Indemnity – a privilege not a right? References:
Re Turner Family Trust No 2 relates to an application pursuant to section 124 of the Trusts Act 2019 for an order to approve a variation on behalf of any person who may acquire a beneficial interest in the trust at a future date. All living beneficiaries were adult, have capacity and approved of the … Continue reading
In the matter of the Estate of Hyman Marks the High Court was asked to approve a trustee fee of $5,000 per annum. By way of background as noted at [4]: “The trust fund was established under the Will of the late Hyman Marks, who died on 22 May 1895. Since then, various trustees have … Continue reading
V Trustees Limited (the Trustee) was concerned to protect the position of C who was the beneficiary of a trust much diminished due to the actions of her litigious brother, A, whose conduct had caused substantial losses with “no signs of the attacks abating.” The matter came before the Jersey Royal Court on an application … Continue reading
The on-going proceedings in Singh v Singh relate to the Calvary Indian Assembly of God (Calvary), which has been established as a charitable trust (the Trust) with a board of trustees who hold the Trust’s assets. Separately, Calvary is an incorporated society with a board responsible for the church’s management and organisation. At the relevant … Continue reading
The Privy Council Ashley Dawson-Damer v Grampian Trust Company Ltd relates to an application to set aside appointments of trust assets that have the effect of transferring 98% of the trust assets to trusts whose class of discretionary beneficiaries do not include Ashley Dawson-Damer (Ashley). The basis for the application was the proposition that thee … Continue reading
Matters of Trust 